Eastern District of New York

Judge Sanket Bulsara – Nominee to the U.S. District Court for the Eastern District of New York

A longtime litigator and federal magistrate judge, Judge Sanket Bulsara is poised to join the U.S. District Court for the Eastern District of New York.

Background

Born in 1977 in the Bronx, Sanket Bulsara graduated magna cum laude from Harvard College in 1998 and then attended Harvard Law School, graduating in 2002. Bulsara then clerked for Judge John Koeltl on the U.S. District Court for the Southern District of New York.

After his clerkship, Bulsara spent a year at the Los Angeles office of Munger Tolles & Olson LLP before joining Wilmer Cutler Pickering Hale & Dorr LLP. He stayed there, becoming a Partner in 2012, until 2015 (however, Bulsara also spent six months as a Special Assistant District Attorney at the Kings County District Attorney’s Office.

In 2015, Bulsara became Deputy General Counsel at the U.S. Securities and Exchange Commission, and subsequently became Acting General Counsel in January 2017.

In 2017, Bulsara became a federal magistrate judge on the U.S. District Court for the Eastern District of New York. He serves on that court today.

History of the Seat

Bulsara has been nominated to fill a seat on the U.S. District Court for the Eastern District of New York. This seat will open on December 19, 2024 when Judge Joan Azrack moves to senior status.

Legal Career

Bulsara started his legal career by clerking on the U.S. District Court for the Southern District of New York. After a year at Munger Tolles, Bulsara then worked at Wilmer Hale for a decade. Among the cases he worked on there, Bulsara represented Viviana Vittori, who was defending against the forced return of her children to Italy, where her ex-husband had moved. See Ermini v. Vittori, 758 F.3d 153 (2d Cir. 2014).

Between 2015 and 2017, Bulsara worked at the Securities and Exchange Commission, where he was part of the legal team working on the enforcement actions brought against Charles Kokesh for misappropriation of funds. See SEC v. Kokesh, 834 F.3d 1158 (10th Cir. 2016), rev’d by Kokesh v. SEC, 137 S. Ct. 1635 (U.S. 2017). Bulsara also worked on enforcement actions against John Saad on misappropriation allegations. See Saad v. SEC, 873 F.3d 297 (D.C. Cir. 2017).

Notably, Bulsara was part of the legal team representing the SEC before the Supreme Court defending proceedings against Bassam Salman, who was indicted for insider trading for trading based on information received from his brother-in-law. See Salman v. United States, 137 S. Ct. 420 (U.S. 2016). The Supreme Court unanimously affirmed Salman’s conviction. See id.

Jurisprudence

Bulsara has served as a U.S. Magistrate Judge since his appointment in 2017. As a magistrate judge, Bulsara handles matters related to pretrial release, warrants, and discovery, handles cases by consent, and presides over settlement conferences. During his time as a magistrate judge, Bulsara has also issued over 300 opinions.

Among the opinions he has written, Bulsara has:

  • Dismissed a defamation claim brought by a solo practitioner alleging that a blog post written by opposing counsel was defamatory. See Wexler v. Dorsey & Whitney, 18-CV-3066-SJB (E.D.N.Y. 2019) (available at https://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=3064&context=historical);
  • Granted a motion to compel medical records of the plaintiff, finding that the plaintiff had put her medical condition at issue in the case. See Vargas v. United States, 401 F. Supp. 3d 346 (E.D.N.Y. 2018);
  • Granted a motion to compel arbitration of a Fair Labor Standards Act claim. See Vargas v. Bay Terrace Plaza LLC., 378 F. Supp. 3d 190 (E.D.N.Y. 2019);
  • Granted a motion to exclude a defendant’s expert witness for failure to make inadequate disclosures under the federal rules. See Piepes v. Nai Entertainment Holdings LLC., 394 F. Supp. 3d 315 (E.D.N.Y. 2019).

Political Activity

While at Wilmer Hale, Bulsara made a number of political donations, including to President Barack Obama and then Senator Hillary Clinton.

Overall Assessment

Despite his youth, Bulsara has built up a legal career with extensive experience in the law, including as a practitioner and as a judge. His confirmation should be relatively straightforward.

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Orelia Merchant – Nominee to the U.S. District Court for the Eastern District of New York

Orelia Merchant currently serves as the Chief Deputy to New York Attorney General Letitia James, a role which has given her scope to participate in much of the office’s key litigation. Merchant has now been nominated for a federal judgeship.

Background

Merchant attended Dillard University, an HBCU in New Orleans, getting a B.Sc. in 1992. She then got a Master of Arts in marine science from the College of William & Mary in 1995 and then a J.D. from Tulane University Law School in 1998.

Merchant subsequently worked for four years as regional counsel to the U.S. Environmental Protection Agency and then spent two years as a Special Assistant U.S. Attorney for the Eastern District of Louisiana.

In 2002, Merchant became a federal prosecutor at the U.S. Attorney’s Office for the Eastern District of New York. She held this role until she joined the New York Attorney General’s Office in 2019, where she currently serves.

History of the Seat

Merchant has been nominated for a seat on the U.S. District Court for the Eastern District of New York. This seat opened on January 1, 2022 when Judge William Kuntz took senior status.

Legal Experience

Merchant started her legal advocacy career early, working as a law student to fight plans by a Japanese chemical company to build a plant in Convent, Louisiana, earning the ire of Gov. Mike Foster, who called her and her fellow students “vigilantes” and “outlaws.” See Tulane University Law Students Help Poor People of Convent, Louisiana, Keep Out Another Chemical Plant, CBS News Transcripts, Oct. 19, 1998. After law school, Merchant continued her environmental advocacy, working with the EPA on complaints against Pole Air Corp. for alleged violations of clean air laws from the company’s radio tower. See Epa Cites Pole Zero for Air Pollution, PR Newswire, July 27, 2001.

Merchant subsequently worked as a special assistant U.S. Attorney (SAUSA) with the U.S. Attorney’s Office for the Eastern District of Louisiana, where she handled civil cases, including employment discrimination. See, e.g., Capers v. Henderson, 153 F. Supp. 2d 846 (E.D. La. 2001).

From 2002 to 2019, Merchant worked as a federal prosecutor with the U.S. Attorney’s Office for the Eastern District of New York, working in the Civil Division. Among her time with the office, Merchant was awarded for her work on litigation post-Hurricane Sandy involving FEMA. Other matters she handled for the office included defending civil asset forfeitures in criminal cases. See, e.g., Buculei v. United States, 440 F. Supp. 2d 225 (E.D.N.Y. 2006). Merchant also handled government defense against employment discrimination cases and tort claims. Compare Andretta v. Napolitano, 922 F. Supp. 2d 411 (E.D.N.Y. 2013) to Korotkova v. United States, 990 F. Supp. 2d 324 (E.D.N.Y. 2014).

Since 2019, Merchant has served as Chief Deputy Attorney General for the State of New York. In this position, Merchant heads the Division of State Counsel, which includes the Litigation Bureau and the Civil Recoveries Bureau.

Political Activity

Merchant has a handful of political donations to her name, all to Democrats.

Overall Assessment

Having spent the past two and a half decades in litigation, Merchant comes to the federal bench well prepared for its challenges. However, given the limited Senate calendar, Merchant is unlikely to be confirmed before the end of the Congress.

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Judge Ramon Reyes – Nominee to the U.S. District Court for the Eastern District of New York

A federal magistrate judge with sixteen years on the bench, Judge Ramon Reyes is a relatively conventional nominee from the Biden Administration for the Eastern District bench.

Background

Reyes received a B.Sc. from Cornell University in 1988, a J.D. from Brooklyn Law School in 1992 and an LLM. from the New York University School of Law in 1992. Reyes then clerked for Judge David Trager on the U.S. District Court for the Eastern District of New York before joining O’Melveny & Myers in New York City.

In 1998, Reyes joined the U.S. Attorney’s Office for the Southern District of New York as an AUSA.

In 2006, Reyes became a federal magistrate judge on the U.S. District Court for the Eastern District of New York. He serves on that court today.

History of the Seat

Reyes has been nominated to fill a seat on the U.S. District Court for the Eastern District of New York. This seat opened on July 23, 2022 when Judge Kiyo Matsumoto moved to senior status.

Legal Career

Reyes started his legal career by clerking on the U.S. District Court for the Eastern District of New York. He then worked as an associate at O’Melveny & Myers in New York City. While at the firm, Reyes represented the Insurance Company of North America in a liability suit regarding damages from the cleanup of environmental damage caused at natural gas lines. See Interstate Power Co. v. Insurance Co. of N. Am., 603 N.W.2d 751 (Iowa 1999).

From 1998 to 2006, Reyes worked for the U.S. Attorney’s Office for the Southern District of New York as a federal prosecutor. At the office, Reyes handled civil charges, including defending against a Title VII lawsuit alleging employment discrimination brought by a postal worker. See Brown v. Henderson, 115 F. Supp. 2d 445 (S.D.N.Y. 2000). The district court granted summary judgment in favor of the Postal Service and Reyes argued the case on appeal before the Second Circuit, which affirmed. See Brown v. Henderson, 257 F.3d 246 (2d Cir. 2001). He also defended the constitutionality of the National Voter Registration Act of 1993. See Kalsson v. United States FEC, 356 F. Supp. 2d 371 (S.D.N.Y. 2005).

Jurisprudence

Reyes has served as a U.S. Magistrate Judge since his appointment in 2006. In this role, Reyes handles arraignments, bail hearings, and discovery disputes. Additionally, Reyes also presides over cases by the consent of the parties. One of the trials he presided over involved a naming dispute between Patsy’s Italian Restaurant and Patsy’s Pizzeria. See John Marzulli, Jury Mulls Name Fight of 2 Patsy’s. W. Side Spot, Harlem Pizzeria Battle, New York Daily News, Apr. 9, 2008. Reyes ruled that both eateries were barred from using only the name “Patsy’s.” See Simone Weichselbaum, Eateries Can’t Stand Pat(sy), Judge Insists, New York Daily News, Sept. 10, 2008.

Reyes also handled a sexual contact charge against an Orthodox rabbi involving allegations that he touched the groin and breast of an Israeli army officer sitting next to him. See John Marzulli, Rabbi Groped Me on Flight, Faking Sleep. Israeli Dad of 11 Denies All, New York Daily News, May 5, 2011. Reyes found the defendant guilty, finding the victim’s testimony “compelling and wholly believable.” See John Marzulli, Rabbi Guilty in Grope of Female Soldier, New York Daily News, May 6, 2011. Reyes sentenced the defendant to 60 days in jail. See John Marzulli, Perv Rabbi Gets 60 Days in Jail, New York Daily News, May 5, 2011.

Writings

Over the course of his legal career, Reyes has occasionally commented on the law. For example, as a magistrate, Reyes coauthored a paper discussing the Eastern District’s efforts to manage a flood of lawsuits brought about as a result of Hurricane Sandy. See Cheryl L. Pollak, Ramon E. Reyes, & Robyn Weinstein, Esq., “Hurricane” Sandy: A Case Study of the Eastern District of New York’s Effort to Address Mass Litigation Resulting From the Effects of Climate Change, 5 Tex. A&M J. Prop. L. 158 (2019).

As an associate at O’Melveny, Reyes authored an article discussing the home taping of copyrighted audio soundtracks. See Ramon E. Reyes, Jr., Can the Common Law Adequately Justify a Home Taping Royalty Using Economic Efficiency Alone?, 16 N.Y.L. Sch. J. Int’l & Comp. L. 235 (1996). The article details the various regimes different countries have employed to account for losses from the home copying of copyrighted materials, criticizing the use of a “home taping royalty” or a surcharge on the purchase of recording devices and blank tapes as a method of addressing this issue. See id. at 263-64. In another article, Reyes extrapolates from a settlement between Australia and Nauru to cover damages caused by phosphate mining at Nauru that international law establishes a fiduciary duty for administering bodies to properly manage colonies and territories. See Ramon E. Reyes, Jr., Nauru v. Australia: The International Fiduciary Duty and the Settlement of Nauru’s Claims for Rehabilitation of its Phosphate Lands, 16 N.Y.L. Sch. J. Int’l & Comp. L. 1 (1996).

Overall Assessment

It is unlikely that Reyes will face much opposition in the confirmation process. His tenure as a magistrate judge and an AUSA has been relatively uneventful and his experience would allow him to hit the ground running as a district court judge.

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Natasha Merle – Nominee to the U.S. District Court for the Eastern District of New York

The Biden Administration has tapped attorneys from many prominent civil rights organizations for the bench. Eastern District nominee Natasha Merle, who works for the NAACP Legal Defense Fund, is part of this trend.

Background

Merle attended the University of Texas at Austin, graduating in 2005. Merle then attended New York University Law School, graduating in 2008. She then clerked for Judge Robert Carter on the U.S. District Court for the Southern District of New York before joining the Gulf Region Advocacy Center.

After two years at the Advocacy Center, Center became a federal public defender in the Eastern District of New York and then clerked for Judge John Gleeson on the U.S. District Court for the Eastern District of New York. She then joined the NAACP Legal Defense Fund, where she currently serves as deputy director of litigation.

History of the Seat

Merle has been nominated for a seat on the U.S. District Court for the Eastern District of New York. This seat opened on February 1, 2021 by statute because Judge Roslynn Mauskopf was designated to the Director of the Administrative Office of the United States Courts.

Legal Experience

Merle has held a number of legal positions throughout her career, although she has spent the majority of it at the NAACP Legal Defense Fund. Early in her career, Merle spent a year as a federal public defender, where she worked on appeals. See, e.g., People v. Rowser, 139 A.3d 489 (N.Y. App. Div. 2016).

Merle has been with the NAACP Legal Defense Fund since 2013. Notably, she was part of the legal team representing Duane Bell, a Texas man whose death sentence was overturned by the Supreme Court because of racially prejudiced comments presented by a defense expert during the sentencing phase of his trial. See Buck v. Davis, 137 S. Ct. 759 (2017). In a media statement, Merle noted that the case was about whether a state could execute someone after a sentencing infected with “racial bias.” Feliks Garcia, Supreme Court Slams Texas Man’s ‘Racially Tainted’ Death Sentence, Calls It “Indefensible”; The Jury’s Decision Hinged on Expert Witness Testimony That Claimed That Black People Were Statistically More Prone to Violent Criminal Behavior, The Independent, Oct. 5, 2016.

In additional matters, Merle was part of the legal team suing Alabama over its voter ID law, and argued the case before the Eleventh Circuit. Mallory Moensch, Civil Rights Groups Appeal Alabama Voter ID Ruling, A.P. State & Local, Feb. 22, 2018. See also Greater Birmingham Ministries v. Merrill, 250 F. Supp. 3d 1238 (N.D. Ala. 2017). She also brought suit against Arkansas for vote dilution of black voters in judicial elections. See Frazier v. Kelley, 460 F. Supp. 3d 799 (E.D. Ark. 2020).

In non-voting matters, Merle sued on behalf of black communities in Philadelphia over excessive force used during protests over police brutality in 2020. See Ellie Silverman and Mike Newall, Trump: May Send Officers to Phila.; It Was Among Cities He Named as He Lauded Use of Force Against Oregon Protesters. Kenney Said They Are Not Wanted Here, Philadelphia Daily News, July 21, 2020. She also sued the Alamance County Sheriff for allegedly using excessive force against protesters. See Isaac Groves, Second Lawsuit Charges Sheriff, Police with Suppressing Vote, Times-News, Nov. 9, 2020.

Statements and Writings

In her role at the NAACP LDF, Merle has frequently written and commented on the law, particularly in relation to pending litigation. For example, Merle noted, in connection with a lawsuit against President Trump’s Election Integrity Commission, that “[a]llegations of voter fraud have historically been used to target minority voters and deprive them full access to the franchise.” See Press Release, NAACP Legal Defense Fund, LDF, Local Alabama Organization File Federal Lawsuit Challenging President’s ‘Election Integrity’ Commission, Targeted News Service, July 18, 2017.

Additionally, Merle has also submitted letters to government officials, for example, sending a letter to the Texas Secretary of State asking for additional efforts to accommodate voting for those internally displaced by Hurricane Harvey. See Sam Levine, Civil Rights Group Threatens Texas If It Doesn’t Protect Voting Rights of Hurricane Victims, Huffington Post, Oct. 13, 2017.

Overall Assessment

Like many of her colleagues tapped for the bench and executive positions, Merle is likely to see strong opposition. Nonetheless, given Democrats’ relative discipline on judicial nominations, Merle is still favored to join the bench by the summer.

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Nusrat Choudhury – Nominee to the U.S. District Court for the Eastern District of New York

Nominated to the federal bench in January, Choudhury has already attracted attention for being the first female Muslim federal judicial nominee. Aside from the historic significance, Choudhury also makes a notable nominee for a significant paper trail of litigation and statements on hotly contested issues.

Background

Born in 1976 in a Bangladeshi American family, Choudhury earned a B.A. from Columbia University in 1998, an M.P.A. from Princeton in 2006 and a J.D. from Yale Law School in 2006. She then clerked for Judge Denise Cote on the U.S. District Court for the Southern District of New York and then for Judge Barrington Daniels Parker on the U.S. Court of Appeals for the Second Circuit.

After her clerkships, Choudhury joined the ACLU, staying with the organization until the present day. In her time there, Choudhury has transitioned through the National Security Project and the Racial Justice Program before her current role as Legal Director of the American Civil Liberties Union of Illinois.

History of the Seat

Choudhury has been nominated for a seat on the U.S. District Court for the Eastern District of New York. This seat opened when Joseph Bianco was elevated to the Second Circuit on May 17, 2019. On February 12, 2020, the Trump Administration nominated Saritha Komatireddy to fill this vacancy, but she never received a hearing before the Senate Judiciary Committee.

On September 1, 2021, Choudhury was recommended for a nomination by Senate Majority Leader Chuck Schumer to the White House. She was nominated on January 19, 2022.

Legal Experience

Choudhury has spent virtually her entire legal career at the American Civil Liberties Union in various capacities, and has had the opportunity to work on a number of prominent civil rights cases. We have summarized some of these matters below.

National Security Project

Early in her career at the ACLU, Choudhury worked primarily on national security cases. For example, she represented Amir Mohamed Meshal, who was detained in Ethiopia and allegedly interrogated by the FBI on allegations of supporting Islamic militants. Beth DeFalco, NJ Man Sues FBI over his Detention in Ethiopia, A.P., Nov. 10, 2009. Additionally and notably, Choudhury argued before the Ninth Circuit in a challenge to the Transportation Safety Administration’s No-Fly List. Nigel Duara, Federal Appeals Court in Ore. Takes Up No-Fly Case, A.P., May 11, 2012. The Ninth Circuit ultimately sided with Choudhury, allowing the suit to move forward. See Latif v. Holder, 686 F.3d 1122 (9th Cir. 2012).

Racial Justice Program

Choudhury also worked at the ACLU’s Racial Justice Program, where she worked on an agreement with the Boston Police Department to track racial profiling. Jess Bidgood, Boston Police Focus on Blacks in Disproportionate Numbers, Study Shows, N.Y. Times, Oct. 9, 2014. She also worked on an ACLU report that concluded that black drivers in Florida are stopped disproportionately by police. See Lizette Alvarez, Florida Said to Ticket More Blacks on Seatbelts, N.Y. Times, Jan. 28, 2016.

ACLU of Illinois

Since 2020, Choudhury has served as the Legal Director of the ACLU of Illinois. In this role, Choudhury has been supportive of Chicago Mayor Lori Lightfoot’s efforts to reform policing. See A.D. Quig, Lori’s Lieutenants Hitting the Exit; Brain Drain Threatens Push for Change in Policing, Crain’s Chicago Business, May 3, 2021.

Statements and Writings

In her role at the ACLU, Choudhury has spoken out frequently in speeches as well as media statements. For example, Choudhury has spoken out against the No-Fly List, arguing that the process of placing individuals on the list lacks transparency. See Chris Hawley, John Curran, Terror Suspects Seek to Clear Names, A.P., Mar. 21, 2011. Choudhury has also been critical of the privatization of parole and probation. See Tina Rosenberg, Out of Debtors’ Prison, With Law as the Key, N.Y. Times Blogs, Mar. 27, 2015. In another article, Choudhury has spoken on the “racial wealth gap” which can lead to fines and parking tickets having more severe consequences for minorities. See Paul Kiel, Debt and the Racial Wealth Gap, N.Y. Times, Jan. 3, 2016.

In an interview discussing her new role as the Legal Director of the ACLU of Illinois, Choudhury stated, in a quote that is likely to be frequently repeated: “Our job and my purpose in life is to make sure we use the law as a tool for social justice.” See A.D. Quig, The Takeway; Nusrat Jahan Choudhury, Crain’s Chicago Business, Mar. 23, 2020.

Furthermore, as a law clerk to Judge Cote, Choudhury authored an article that was critical of efforts by Western governments to “liberate” Muslim women by banning religious articles of clothing and headscarves, noting that this can infringe on religious freedom and the autonomy of the women in question, as well as another article discussing women’s rights in the Afghani Constitution. See Nusrat Choudhury, From the Stasi Commission to the European Court of Human Rights: L’Affaire du Foulard and the Challenge of Protecting the Rights of Muslim Girls, 16 Colum. J. Gender & L. 199 (2007); Nusrat Choudhury, Constrained Spaces for Islamic Feminism: Women’s Rights and the 2004 Constitution of Afghanistan, 19 Yale L.J. & Feminism 155 (2007).

Overall Assessment

Given her experience with civil rights law and her time at the ACLU, Choudhury’s nomination was already likely to attract strong opposition. However, her self-description as having a life purpose to effectuate social justice through the law is likely to be used to argue that Choudhury is an activist, rather than a jurist. In defense, Choudhury can cite the context of the quote, made in her role as an advocate, not as a judge, while critics may counter that it would be hard for Choudhury to set aside her “purpose in life” when she takes the bench. Ultimately, Choudhury’s nomination is likely to be hotly contested, potentially even coming down to the vote of Vice President Kamala Harris.

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Hector Gonzalez – Nominee to the U.S. District Court for the Eastern District of New York

Hector Gonzalez is a well-experienced litigator who, despite his nomination to the federal bench by Trump last year, has strong Democratic party ties.  While Gonzalez was not confirmed in 2020, he stands favored to take the bench next year.

Background

The 58-year-old Gonzalez got his B.S. from Manhattan College in 1985 and then attended the University of Pennsylvania Law School, graduating in 1988.[1] 

After graduation, Gonzalez started as an associate at Rogers & Wells and then joined the Manhattan District Attorney’s Office as an Assistant District Attorney in 1990.  Gonzalez then shifted over to federal prosecution in 1994, working his way to Chief of the Narcotics Unit at the U.S. Attorney’s Office of the Southern District of New York.[2] 

In 1999, Gonzalez became a Partner at Mayer Brown and moved to Dechert LLP in 2011, where he currently works and chairs the Global Litigation Practice.[3] 

In 2014, Gonzalez was recommended for a seat on the New York Court of Appeals (which ,despite its name, is New York’s highest court), but Judge Eugene Fahey was appointed instead.[4]

History of the Seat

Gonzalez has been nominated for a seat on the U.S. District Court for the Eastern District of New York to the seat vacated by Judge Brian Cogan on June 12, 2020.  Gonzalez was previously nominated for this seat late in the Trump Administration but was never confirmed.

Legal Career

While Gonzalez started his career as a firm associate, his first major position was as an Assistant U.S. Attorney for the Southern District of New York.  In the U.S. Attorney’s Office, Gonzalez rose to be Chief of the Narcotics Unit, practicing both at the trial level and the Second Circuit.  In 1999, Gonzalez moved to Mayer Brown Rowe & Maw LLP.  At Mayer Brown, Gonzalez notably was one of the lead attorneys represented telecommunications companies in the landmark Bell Atlantic v. Twombly case, which tightened pleading requirements for plaintiffs in the federal government.[5]

Since 2011, Gonzalez has been a Partner with Dechert LLP.  While at the firm, Gonzalez represented the Takata Corporation in investigations of airbag inflator ruptures.[6]  He also represented the Bank of New York Mellon in a series of investigations and litigation.[7]

Political Activity

Gonzalez’s political history is strongly Democratic.  Over the course of his career, Gonzalez has given to President Obama, Hillary Clinton, Sen. Kirsten Gillibrand, a number of New York house members, and Montana Governor Steve Bullock.[8]

Civilian Complaint Review Board

In 2002, Gonzalez was named by New York City Mayor Michael Bloomberg to be Chairman of the Civilian Complaint Review Board, an independent agency that investigates police misconduct.[9]  Gonzalez’s tenure almost immediately was bogged in controversy when a whistleblower claimed that the agency ignored racial discrimination and was biased towards police.[10]  As Chairman, Gonzalez pushed back against strip searching practices in the NYPD, recommending new training on the issue.[11]  Additionally, Gonzalez led the Board as it charged a deputy chief with misconduct for ordering the arrest of a protester at the 2004 Republican National Convention.[12]  The action, and related statements, drew sharp criticism from NYPD Commissioner Raymond Kelly, who argued that the Department had been careful in its policing.[13]  He also, paradoxically, was criticized by other observers for not doing enough to reign in the Police Department.[14]

Overall Assessment

Gonzalez’s record overall is fairly liberal, and his renomination by the Biden Administration is a recognition of that fact.  While Gonzalez is likely to draw strong opposition from Republicans due to his record on policing in particular, Gonzalez looks likely to be confirmed the second time around.

[1] Hector Gonzalez, Profile, Dechert.com, available at https://www.dechert.com/people/g/hector-gonzalez.pdf (last visited Aug. 21, 2020).

[2] See Peter Lattman, Lead Rajaratnam Prosecutor to Join Dechert, N.Y. Times Blogs, Jan. 13, 2012.

[3] Denise Champagne, COA Nominees Forwarded to Governor, Daily Record of Rochester, Dec. 2, 2014.

[4] See id.

[5] See Twombly v. Bell Atl. Corp., 425 F.3d 99 (2d Cir. 2004).

[6] See Gonzalez, supra n. 1.

[7] See id. 

[9] Diane Cardwell, Bloomberg Fills Gaps, Naming Four to Posts In His Administration, N.Y. Times, Apr. 5, 2002.

[10] Kevin Flynn, Civilian Board on Police Misconduct Defends Itself on Claim That It is Soft, N.Y. Times, Sept. 25, 2002.

[11] William Rashbaum, Police Complaint Board Finds Some Strip Searches Improper, N.Y. Times, May 13, 2004.

[12] Jim Dwyer, Charges, But No Penalty, for a Chief’s Role in a Convention Arrest – Correction Appended, N.Y. Times, Mar. 9, 2006.

[13]See Bradley Hope, Complaints Spike But Police Punish Fewer Officers, N.Y. Sun, June 30, 2006.

[14] See CCRB: Dead Board Walking, NYPD Confidential, Sept. 18, 2006, http://nypdconfidential.com/print/2006p/060918p.html. 

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Hector Gonzalez – Nominee to the U.S. District Court for the Eastern District of New York

Hector Gonzalez is a well-experienced litigator whose strong Democratic party ties should win him support from Senators Chuck Schumer and Kirsten Gillibrand.  However, given the short window for confirmation left in the Senate calendar, Gonzalez is an underdog for confirmation.

Background

The 57-year-old Gonzalez got his B.S. from Manhattan College in 1985 and then attended the University of Pennsylvania Law School, graduating in 1988.[1] 

After graduation, Gonzalez started as an associate at Rogers & Wells and then joined the Manhattan District Attorney’s Office as an Assistant District Attorney in 1990.  Gonzalez then shifted over to federal prosecution in 1994, working his way to Chief of the Narcotics Unit at the U.S. Attorney’s Office of the Southern District of New York.[2] 

In 1999, Gonzalez became a Partner at Mayer Brown and moved to Dechert LLP in 2011, where he currently works and chairs the Global Litigation Practice.[3] 

In 2014, Gonzalez was recommended for a seat on the New York Court of Appeals (which ,despite its name, is New York’s highest court), but Judge Eugene Fahey was appointed instead.[4]

History of the Seat

Gonzalez has been nominated for a seat on the U.S. District Court for the Eastern District of New York to the seat vacated by Judge Brian Cogan on June 12, 2020.

Legal Career

While Gonzalez started his career as a firm associate, his first major position was as an Assistant U.S. Attorney for the Southern District of New York.  In the U.S. Attorney’s Office, Gonzalez rose to be Chief of the Narcotics Unit, practicing both at the trial level and the Second Circuit.  In 1999, Gonzalez moved to Mayer Brown Rowe & Maw LLP.  At Mayer Brown, Gonzalez notably was one of the lead attorneys represented telecommunications companies in the landmark Bell Atlantic v. Twombly case, which tightened pleading requirements for plaintiffs in the federal government.[5]

Since 2011, Gonzalez has been a Partner with Dechert LLP.  While at the firm, Gonzalez represented the Takata Corporation in investigations of airbag inflator ruptures.[6]  He also represented the Bank of New York Mellon in a series of investigations and litigation.[7]

Political Activity

Gonzalez’s political history is strongly Democratic.  Over the course of his career, Gonzalez has given to President Obama, Hillary Clinton, Sen. Kirsten Gillibrand, a number of New York house members, and Montana Governor Steve Bullock.[8]

Civilian Complaint Review Board

In 2002, Gonzalez was named by New York City Mayor Michael Bloomberg to be Chairman of the Civilian Complaint Review Board, an independent agency that investigates police misconduct.[9]  Gonzalez’s tenure almost immediately was bogged in controversy when a whistleblower claimed that the agency ignored racial discrimination and was biased towards police.[10]  As Chairman, Gonzalez pushed back against strip searching practices in the NYPD, recommending new training on the issue.[11]  Additionally, Gonzalez led the Board as it charged a deputy chief with misconduct for ordering the arrest of a protester at the 2004 Republican National Convention.[12]  The action, and related statements, drew sharp criticism from NYPD Commissioner Raymond Kelly, who argued that the Department had been careful in its policing.[13]  He also paradoxically was criticized for not doing enough to reign in the Police Department.[14]

Overall Assessment

Gonzalez’s record overall is fairly liberal, and his nomination by the Trump Administration is likely a nod to New York’s Democratic senators.  Nonetheless, given the short window of confirmation left this year, Senate Republicans are unlikely to prioritize Gonzalez’s nomination.  Additionally, Gonzalez is likely to face questions about his tenure supervising police misconduct issues with the NYPD, particularly given the recent focus on the role of policing in society.

Given these factors, Gonzalez is unlikely to be confirmed this year, although he may be renominated next year by a re-elected Trump Administration or by a President Biden.

[1] Hector Gonzalez, Profile, Dechert.com, available at https://www.dechert.com/people/g/hector-gonzalez.pdf (last visited Aug. 21, 2020).

[2] See Peter Lattman, Lead Rajaratnam Prosecutor to Join Dechert, N.Y. Times Blogs, Jan. 13, 2012.

[3] Denise Champagne, COA Nominees Forwarded to Governor, Daily Record of Rochester, Dec. 2, 2014.

[4] See id.

[5] See Twombly v. Bell Atl. Corp., 425 F.3d 99 (2d Cir. 2004).

[6] See Gonzalez, supra n. 1.

[7] See id. 

[9] Diane Cardwell, Bloomberg Fills Gaps, Naming Four to Posts In His Administration, N.Y. Times, Apr. 5, 2002.

[10] Kevin Flynn, Civilian Board on Police Misconduct Defends Itself on Claim That It is Soft, N.Y. Times, Sept. 25, 2002.

[11] William Rashbaum, Police Complaint Board Finds Some Strip Searches Improper, N.Y. Times, May 13, 2004.

[12] Jim Dwyer, Charges, But No Penalty, for a Chief’s Role in a Convention Arrest – Correction Appended, N.Y. Times, Mar. 9, 2006.

[13]See Bradley Hope, Complaints Spike But Police Punish Fewer Officers, N.Y. Sun, June 30, 2006.

[14] See CCRB: Dead Board Walking, NYPD Confidential, Sept. 18, 2006, http://nypdconfidential.com/print/2006p/060918p.html. 

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David Woll – Nominee to the U.S. District Court for the Eastern District of New York

David C. Woll has already had his nomination to a senate confirmed position fail before the Republican Senate.  Now, Woll faces a tricky path to confirmation through Democratic Senators Chuck Schumer and Kirsten Gillibrand.

Background

David Carey Woll Jr. received a B.A. from the University of Maryland and a J.D. from the University of Virginia School of Law.[1]  Woll then joined the Securities & Exchange Commission as a Senior Counsel before becoming an Assistant U.S. Attorney for the District of Columbia.[2]

Woll then became a federal prosecutor in Brooklyn, focusing on financial and white collar crimes.[3]  In 2013, Woll was selected by Governor Chris Christie to handle disaster relief in the aftermath of Hurricane Sandy.[4] 

Since 2018, Woll has served as Principal Deputy Assistant Secretary for the Office of Community Planning and Development at the Department of Housing and Urban Development.  On August 1, 2019, Woll was nominated by President Trump to be Assistant Secretary for the Department of Housing and Urban Development.  While his nomination was approved on a 16-9 vote by the Senate Banking, Housing, and Urban Development Committee, his nomination never received a vote on the Senate floor and was withdrawn by the Administration on March 18, 2020.

History of the Seat

Woll has been nominated for a seat on the U.S. District Court for the Eastern District of New York.  While the seat to which he will be nominated has not been specified, it will either be the vacancy that opened with Judge Dora Irizarry’s move to senior status on January 26, 2020 or the seat vacated by Judge Brian Cogan on June 12, 2020.

Legal Experience

Woll started his legal career at the Securities and Exchange Commission, where he worked as Senior Counsel.[5]  There, he handled a case against a securities boiler room that was targeting elderly investors.[6]  Then, as an Assistant U.S. Attorney in the District of Columbia, Woll prosecuted violent and sex crimes.[7] 

In 2007, Woll was one of the attorneys hired by DOJ attorney Monica Goodling as part of an improper politicized hiring process she conducted.[8]  Woll was asked during his interview whether he had ever “cheated on his wife.”[9]  Woll would become a federal prosecutor in Brooklyn, handling white collar and financial prosecutions.

Since 2018, Woll has served as Principal Deputy Assistant Secretary for the Office of Community Planning and Development at the Department of Housing and Urban Development.  However, Woll’s tenure at HUD was criticized by Sen. Sherrod Brown for not being responsive to Congress and for failing to provide timely aid to Puerto Rico after Hurricane Maria.[10]  Brown also criticized Woll’s office for releasing a proposed rule that would weaken anti-discrimination provisions in housing for LGBTQ individuals.[11]  Woll’s reluctance to release funds to Puerto Rico was also criticized by members of the House of Representatives.[12]  In testimony before the House, Woll admitted that he had failed to comply with a Congressional deadline for releasing hurricane relief.[13]

Political Activity

Woll is a Republican, and all his political contributions of record have been to Republicans, including a contribution to President Trump’s re-election in 2020 and to John McCain in 2008.[14] 

Overall Assessment

The odds are stacked against Woll’s confirmation to the district court.  First, there are only four months left for Senate action on the nomination.  Second, the controversies regarding Woll’s views on LGBT protections in federal housing, and regarding his failure to comply with congressional deadlines on Puerto Rico relief make him a very controversial nominee.  As Woll has been nominated to the district court, his nomination can be blocked through blue slips, and it’s unlikely that New York’s senators will return their blue slips on the nomination.

[1] See Opening Statement of David C. Woll, Nominations Hearing, Senate Committee on Banking, Housing, and Urban Development, available at https://www.banking.senate.gov/hearings/11/07/2019/nomination-hearing (last visited Aug. 21, 2020).

[2] See id. 

[3] See id.

[4] Id.

[5] See id.

[6] See Woll, supra n. 2 at 16.

[7] EEOC v. Local 638, 117 F. Supp. 2d 386 (S.D.N.Y. 2000).

[8] See Eric Lipton, Colleagues Cite Partisan Focus By Justice Official, N.Y. Times, May 12, 2007.

[9] See Greg B. Smith, Mob Dials for Dough Say Millions Swindled Using Tiny Midwest Firm, N.Y. Daily News, Sept. 19, 2004.  

[10] See Statement of Sen. Sherrod Brown, Markup, Senate Committee on Banking, Housing, and Urban Development, Dec. 10, 2019, available at https://www.banking.senate.gov/hearings/executive-session-to-consider-nominations (last visited Aug. 21, 2020).

[11] Id.

[12] See Report: Puerto Rico’s Infrastructure Failing As Relief Stalls, Congressional Quarterly News, Nov. 12, 2019.

[13] Nicole Acevedo, HUD Officials Knowingly Failed ‘To Comply With The Law’ Stalled Puerto Rico Hurricane Relief, NBC News, Oct. 18, 2019, https://www.nbcnews.com/news/latino/hud-officials-knowingly-failed-comply-law-stalled-puerto-rico-hurricane-n1068761.

[14] See Center for Responsive Politics, https://www.opensecrets.org/donor-lookup/results?name=david+woll (last visited Aug. 21, 2020).

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Saritha Komatireddy – Nominee to the U.S. District Court for the Eastern District of New York

A prominent federal prosecutor and former clerk to Justice Brett Kavanaugh (on the D.C. Circuit), Saritha Komatireddy would (if she lapped current nominee Diane Gujarati) be the first Indian American judge on the Eastern District and the first Telugu American judge on the federal bench.[1]

Background

Saritha Komatireddy grew up in Missouri, the daughter of doctors who had immigrated from Telangana in India, making her the first nominee from a Telugu background.[2]  As a child, Komatireddy was honored as a Presidential Scholar in 2001.[3]  Komatireddy attended Harvard University and Harvard Law School, getting her J.D. Magna Cum Laude in 2009.  Komatireddy then clerked for then-Judge Brett Kavanaugh on the U.S. Court of Appeals for the D.C. Circuit.  After her clerkship, Komatireddy spent a year as Counsel for the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling.

In 2011, Komatireddy became an Associate at Kellogg, Huber, Hansen, Todd, Evans & Figel PLLC.  In 2013, she was hired by U.S. Attorney Loretta Lynch (later the U.S. Attorney General) as an Assistant U.S. Attorney.  Komatireddy currently works in that office as Deputy Chief of General Crimes.  

History of the Seat

Komatireddy has been nominated for a seat on the U.S. District Court for the Eastern District of New York.  While she has not been officially submitted to the Senate yet, she will likely fill the seat vacated by Judge Joseph Bianco’s elevation to the Second Circuit, which is the longest pending vacancy on the Eastern District without a nominee, having opened in May 17, 2019.

Legal Experience

While Komatireddy has held a few different legal positions, her most prominent role has been as a federal prosecutor.  In the U.S. Attorney’s Office for the Southern District of New York, Komatireddy has prosecuted a number of challenging and complex cases, including pornography and terrorism.

For example, Komatireddy prosecuted Roy Naim, an immigration activist featured in Time magazine, for child pornography charges.[4]  Naim ended up with a 15 year sentence from Judge Nicholas Garaufis.[5]  In another case, Komatireddy prosecuted Phil Kenner for defrauding NHL players and other investors in a vast criminal enterprise.[6] 

Komatireddy’s most notable cases, however, involved the prosecutions of individuals for terrorism-related charges.  For example, Komatireddy secured a 16 year sentence against Agron Hasbajrami for attempting to join radical terrorist groups in Pakistan.[7]  Komatireddy also tried Muhanad Mahmoud Al Farekh, a U.S. citizen charged with involvement in attacks on U.S. bases in Afghanistan.[8]  Al Farekh was convicted and sentenced to 45 years in prison.  More recently, Komatireddy is prosecuting Ruslan Maratovich Asainov, who is alleged to be a sniper for ISIS, and who threatened to commit acts of terror if allowed to be free on bond.[9]

Additionally, Komatireddy was involved in a legal battle over Apple’s refusal to provide backdoors to the federal government to bypass password protections for their iPhones.[10]  The issue arose after Apple refused to unlock the iPhone of a defendant charged with drug distribution, leaving Komatireddy “clearly stunned.”[11]  Ultimately, a judge sided with Apple, arguing that the federal government could not compel the disclosure.[12] 

Writings

As a law student, Komatireddy authored an article discussing the recent Supreme Court case, Bell Atlantic Corp. v. Twombly.[13]  The article critiques the decision, noting that it dramatically changes previous standards on pleading, and “seems to have created a more stringent pleading standard.”[14]  The Supreme Court later affirmed this reading of Twombly in Ashcroft v. Iqbal, expressly laying out a stricter pleading standard.[15] 

In other matters, Komatireddy wrote in support of Justice Brett Kavanaugh’s Supreme Court nomination, joining a letter by former Kavanaugh clerks praising the Justice.[16]  In another statement, Komatireddy described Kavanaugh as a man with “fundamental respect for the law and a complete commitment to getting it right.”[17]  Notably, unlike fellow appointees Justin Walker and Sarah Pitlyk, Komatireddy did not make public statements in relation to the sexual assault allegations made by Prof. Christine Blasey Ford.

Overall Assessment

For the most part, assuming she keeps the support of Sens. Schumer and Gillibrand, Komatireddy will be confirmed comfortably.  If she faces any issues in the confirmation process, it’d likely be from two sources.  The first would be from opponents of Justice Kavanaugh who would object to her praise of his nomination.  The second would be from civil libertarians who object to Komatireddy’s role in seeking backdoor access to iPhones.  From her supporters, both arguments have viable counters: Komatireddy did not address Dr. Ford’s testimony and only praised Kavanaugh for his role as a D.C. Circuit judge; and Komatireddy has not the decisionmaker behind the “backdoor” program but merely sought to use a legal mechanism that Apple had acquiesced to in 70+ cases to assist in prosecutions.  Assuming such explanations carry the day, Komatireddy should expect confirmation before the end of the year.

[1] The Telugu American community, consisting of immigrants from the Telangana and Andhra Pradesh states in India, make up half a million in the U.S., including the author of this article.

[2] See Lawyer with Telangana Roots Posted as Judge in US District Court, Times of India, Feb. 23, 2020.

[3] Three Missouri Students Named as Presidential Scholars, A.P. State & Local Wire, May 16, 2001.

[4] See Ryan Gorman, Roy Naim, the ‘Jewish Face of the Immigration Reform Struggle’ Featured in Time Magazine, Arrested on Child Porn Charges and Denied Bail, MailOnline, Sept. 21, 2013.

[5] See John Marzulli, Time for Jail Cover Guy Gets 15 Years – Preyed on Cancer Kid, N.Y. Daily News, May 19, 2016.

[6] Michael O’Keeffe, Alleged Con Man Takes the Stand, Says NHLers, Others Got Testimony Wrong, N.Y. Daily News, June 18, 2015. 

[7] Press Release, Department of Justice, Albanian National Sentenced to 16 Years’ Imprisonment for Attempting to Support Terrorism, US Official News, Aug. 19, 2015.

[8] Tom Hays, Jury Hears Openings at Trial of American Terror Suspect, A.P. State & Local, Sept. 12, 2017.

[9] See Ruth Weissmann, NY ‘ISIS’: Free Me At Your Peril, N.Y. Post, Sept. 12, 2019.

[10] See Todd C. Frankel, Ellen Nakashima, Showdown over iPhone Reignites Privacy Debate, Wash. Post, Feb. 21, 2016.

[11] See id.

[12] Katie Benner and Joseph Goldstein, Judge Rules for Apple in New York iPhone Case, N.Y. Times, Mar. 1, 2016.

[13] Saritha Komatireddy Tice, A ‘Plausible’ Explanation of Pleading Standards: Bell Atlantic Corp. v. Twombly, 127 S. Ct. 1955 (2007), 31 Harv. J.L.  & Pub. Pol’y 827 (Spring 2008).

[14] Id. at 832.

[15] See Ashcroft v. Iqbal, 556 U.S. 662 (2009).

[16] See Press Release, Office of Sen. Charles Grassley, Judge Kavanaugh Clerks Laud Nomination to Supreme Court, July 11, 2018.

[17] Press Release, Office of the Press Secretary, White House, The Legal Community is Giving Rave Reviews to Judge Brett Kavanaugh’s Nomination to the Supreme Court, July 12, 2018.

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Judge Gary Brown – Nominee to the U.S. District Court for the Eastern District of New York

Judge Gary Brown has been waiting over three years for confirmation to the federal bench, a very long wait for a nominee with virtually no controversy about his record.  However, as he has now been renominated by a Republican Administration and has the support of his Democratic home state senators, he may see the bench before too long.

Background

Brown was born in Brooklyn in 1963.  He graduated summa cum laude from Columbia in 1985 and then attended Yale Law School, graduating in 1988.[1]  Brown then clerked for Judge Jacob Mishler on the U.S. District Court for the Eastern District of New York.

After his clerkship, Brown joined the U.S. Attorney’s Office for the Eastern District of New York as an AUSA in the Civil Division.[2]  In 1996, Brown shifted over to the Long Island Criminal Division, becoming the Chief in 2003.[3]

In 2005, Brown became Senior Counsel at Computer Associates International, a company that itself had attracted some attention from federal prosecutors.[4]

In 2011, Brown became a federal magistrate judge on the U.S. District Court for the Eastern District of New York, based in Central Islip in Long Island.  He serves on that court today.

History of the Seat

Brown has been nominated (for a second time) to fill a seat on the U.S. District Court for the Eastern District of New York.  This seat opened on January 21, 2015, when Judge Sandra Feuerstein moved to senior status.  President Obama first nominated Brown to fill the vacancy on July 30, 2015.[5]  While his nomination was unanimously approved by the Senate Judiciary Committee, it was blocked from a final confirmation by Senate Majority Leader Mitch McConnell.

In June 2017, Brown’s name was broached by the White House as part of a package of nominees.[6]  Brown was officially nominated on May 15, 2018.

Legal Career

Brown started his legal career by clerking on the U.S. District Court for the Eastern District of New York.  He then worked as a Civil AUSA in the Eastern District of New York, handling civil lawsuits over scams, contract, tort, and environmental issues.  Notably, Brown helped handle a civil lawsuit based on the largest food stamp fraud perpetrated by a meat market in Brooklyn.[7]

From 1996 to 2005, Brown handled criminal matters out of the Long Island Office.  During this time, he prosecuted serial killer Michael Swango, a doctor who killed several of his patients by injecting them with poisonous substances.[8]  The doctor was found guilty of manslaughter and sentenced to five years in prison.[9]

In 2005, Brown was hired by Computer Associates International as Senior Counsel.  Over the next six years, Brown represented the company in intellectual property, qui tam, and other lawsuits.[10]

Jurisprudence 

Brown has served as a U.S. Magistrate Judge since his appointment in 2011.  As of 2015, Brown had participated in nine consent trials.[11]  Among them, Brown presided over a trial regarding the seizure of an expensive sports car by city officials without due process.[12]

Brown also handled a notable case emerging from damage from Hurricane Sandy.[13]  The case involved damage to a Long Island home that insurance companies refused to cover, arguing that the damage was caused by long-term deterioration and not the hurricane.[14]  However, Brown and plaintiffs discovered that the insurance reports demonstrating this had been secretly altered.[15]  The case eventually resolved with a full insurance payout and attorney’s fees.[16]

Writings

In 1993, Brown wrote an article arguing for the reform of civil forfeiture proceedings.  Specifically, he wrote that civil forfeiture proceedings should be automatically stayed pending the resolution of parallel criminal proceedings.[17]  In the piece, he argues that such a provision would protect the rights of defendants while also helping the government by protecting the secrecy of criminal proceedings from civil discovery.[18]

In a second article, written as a criminal AUSA, Brown discussed the Criminal Street Gangs statute (CSGS) and attached sentencing enhancements.[19]  In the article, Brown argues that the enhancements are ineffective in preventing gang activity because they are burdensome to use, require proof of many elements, and, as such, are rarely used.[20]  As such, Brown advocates for reform using a potential mandatory minimum statutory sentences.[21]

Overall Assessment

Looking at Brown’s record overall, there is little that is likely to draw opposition.  Brown has not written on any hot-button issues and few of his rulings are likely to attract attention.  As the failure of Brown’s initial nomination to the federal bench had little to do with Brown himself and everything to do with the President who nominated him,  his confirmation is likely to be much smoother this time around.

[1] Sen. Comm. on the Judiciary, 114th Cong., Gary Richard Brown: Questionnaire for Judicial Nominees 1.

[2] Id. at 2.

[3] Id.

[4] Ken Schachtner, Computer Associates International Names New Senior Counsel, Long Island Business News, Mar. 18, 2005.

[5] Press Release, White House, President Obama Nominates Seven to Serve on the United States District Courts (July 30, 2015) (on file at https://obamawhitehouse.archives.gov).

[6] Zoe Tillman, The White House Has Pitched a Nominee for Manhattan’s Powerful US Attorney Opening, Buzzfeed News, Aug. 7, 2017, https://www.buzzfeednews.com/article/zoetillman/the-white-house-has-pitched-a-nominee-for-manhattans.  

[7] Selwyn Raab, Food Stamps Used in Scam to Sell Meat, N.Y. Times, Oct. 28, 1992.

[8] Charlie LeDuff, Prosecutors Say Doctor Killed to Feel a Thrill, N.Y. Times, Sept. 7, 2000.

[9] Scottsdale Abortion Doctor Sentenced to Five Years in Prison, Arizona Daily Sun, May 4, 2001, http://azdailysun.com/scottsdale-abortion-doctor-sentenced-to-five-years-in-prison/article_d08ec172-9b1c-55da-9a1f-b94c9f9ada55.html.  

[10] See Brown, supra n. 1 at 33.

[11] See id. at 15.

[12] Ferrari v. Cnty. of Suffolk, Case No. 10-CV-4218 (GRB).

[13] Raimey v. Wright Nat’l Flood Ins. Co., No. 14-CV-461 (JFB) (SIL) (GRB).  

[14] David Chen, Storm Victims Say Damage Reports Were Altered, N.Y. Times, Feb. 17, 2015.

[15] See id.

[16] See Brown, supra n. 1 at 20.

[17] Gary R. Brown, The Civil Justice Reform Act: Reforming Civil Forfeiture Law: The Case for an Automatic Stay Provision, 67 St. Johns’ L. Rev. 705 (Fall 1993).

[18] See id. at 711-12.

[19] Gary R. Brown, Less Bark, More Bite: Fixing the Criminal Street Gang Enhancement, 16 Fed. Sent. R. 148 (2003).

[20] See id. 

[21] See id. at 158.

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